Insurance Law

Seventh Circuit Reaffirms Requirement to Exhaust Administrative Remedies

In Orr v. Assurant Employee Benefits (7th Cir. May 19, 2015) the district court dismissed a lawsuit for life insurance benefits because the plaintiffs did not first exhaust their administrative remedies.  On appeal, the Seventh Circuit affirmed noting that the denial letter plaintiffs received informed them of their right to seek review and included a copy of USIC’s Life…

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Cardoza v. United of Omaha Life Insurance

Petitioner Jose Cardoza brought this lawsuit pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), to challenge United of Omaha Life Insurance Company’s calculation of his long-term disability benefits (LTD benefits). United of Omaha answered, asserting its calculation was appropriate, and counterclaimed, demanding that Petitioner reimburse it for payments of short-term disability benefits…

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Price v. Bd. of Trs. of IN Laborers’ Pension Fund

The Fund, a multi-employer pension plan under ERISA, has a Plan, providing for administration by a Board with authority to make benefit determinations and amend the Plan, including retroactively. No amendment may result in reduced benefits for any participant whose rights have vested, except in specified circumstances. Price began receiving Plan disability benefits under the…

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A.J., et al v. UNUM, et al

Court: U.S. 8th Circuit Court of Appeals Docket: 11-3578 Opinion Date: October 19, 2012 Judge: Per curiam Areas of Law: ERISA, Family Law, Insurance Law Decedent, father of plaintiffs, died without naming a beneficiary of his Unum life insurance. Plaintiffs sued Unum, asserting a breach of the policy and an Employee Retirement Income Security Act,…

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Treasurer, Trustees of Drury Ind. v. Goding, et al.

Court: U.S. 8th Circuit Court of Appeals Docket: 11-2885 Opinion Date: September 7, 2012 Judge: Melloy Areas of Law: ERISA, Injury Law, Insurance Law Defendant Goding was a beneficiary of an Employee Retirement Insurance Security Act (ERISA), 29 U.S.C. 1001 et seq., Plan administered by Drury. Goding sustained injuries in a slip and fall accident…

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Reese v. CNH America LLC

Docket: 11-1359 Opinion Date: September 13, 2012 Judge: Sutton Areas of Law: Contracts, ERISA, Health Law, Insurance Law, Labor & Employment Law In a 2009 opinion, the Sixth Circuit held that, in a 1998 collective bargaining agreement, CNH agreed to provide health-care benefits to retirees and their spouses for life, but rejected the suggestion that…

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Schorsch v. Reliance Standard Life Ins. Co.

Court: U.S. 7th Circuit Court of Appeals Docket: 10-3524 Opinion Date: August 28, 2012 Judge: Tinder Areas of Law: ERISA, Insurance Law Schorsch enrolled in a long-term disability plan in 1991, but apparently never received a summary plan description or explanation of the Employee Retirement Income Security Act, 29 U.S.C.1132. In 1992 she was in…

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